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Updated almost 3 years ago,

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2
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Jeffrey Kempf
Pro Member
  • Florida
0
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2
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Escalator Clause...love it or hate it? Any horror stories?

Jeffrey Kempf
Pro Member
  • Florida
Posted

What are your thoughts on escalator clauses?  I saw in other forum discussions (from years past, nothing too recent) that people have had some success with them.  Obviously they make more sense in hot market like right now than during a downturn.  Do you like receiving them as a listing agent (or seller)?  Do you like using them as a buyer's agent (or buyer)?

My fear has always been that the listing agent will have a friend put in a bogus offer just below the top end of the escalator clause to ensure maximum sale price.  Another fear is "showing your cards"; that the listing agent (or seller) will start telling other potential buyers where the top of the escalator is in order to drum up even higher offers.  Has anyone ever been burned like this?

If I ever use an escalator clause, I require written proof of the other offer(s); but again, who is to say it isn't fake?  Are there better protection measures than this?

Thank you!

  • Jeffrey Kempf
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